On a regular basis we handle probate cases for families where the decedent tried to make their own will or tried to modify it themselves. Below is an example of a will that was created from a form or copied from someone else. While the will was validly signed as…
Articles Posted in Estate Planning
Important Issues to Consider Before You Sign a Power of Attorney
The following are a list of some critical issues to consider before you make the big decision to sign a power of attorney: Asset Protection – Nursing home costs in Florida can be outrageously expensive. Make sure that you really feel comfortable authorizing your agent to protect your assets from…
ABA Seeks Nominations for Blawg 100 – Support requeted
Dear Reader, The American Bar Association is working on the list of the 100 best legal blogs. If you enjoy this estate planning blog, I would appreciate your support by completing a very short form. Thanks for your support, David
TRANSFER OF HOME OWNERSHIP DOES NOT REPLACE AN ESTATE PLAN
We see many problems with how homes are titled. Most are in attempt to avoid probate or make it easier on family members. Unfortunately, many of these cause real problems for family members in the future. Here is one example of something we see regularly. Imagine this: You’re retired, your…
SOME INHERITANCES ARE BEST BESTOWED IN DIFFERENT BUT EQUAL WAYS
Most parents want to love and treat all of their children the same, but when it comes to estate planning, not every child should be treated the same. In fact, insisting on treating all children exactly the same in an estate plan can often lead to disastrous consequences. Each of…
AN ESTATE PLAN CAN HIGHLIGHT RELIGIOUS VALUES… WITHIN LIMITS
Many parents hope to pass their values onto their children and grandchildren. Often one of the most important values that they hope to pass on are values based on religion and spirituality. In some cases, religious values are so important to a parent that they will even include mention of…
FACEBOOK FOUNDERS USE GRATS TO AVOID EXCESSIVE TAXATION; YOU CAN TOO
News sources recently revealed that Facebook founder Mark Zuckerberg — as well as other Facebook top brass–use Grantor Retained Annuity Trusts ( GRAT or GRATS) to protect their assets and investments from excessive taxation. A Grantor Retained Annuity Trusts (more commonly called GRATs) is a perfectly legal–and very efficient–way to…
Reasons to make an Estate Plan
Here are three compelling reasons to make an estate plan. We all know people similar to those portrayed below. While estate taxes and probate are often compelling reasons to create estate plans, sometimes it is the family dynamics that drive the necessity of estate planning.
Can Life Insurance be subject to Creditors in Florida?
While traditionally in Florida the proceeds from a life insurance police are exempt from the claims of a creditor, what happens if the beneficiary designations fail or the proceeds are directed back to an individuals probate estate or revocable trust? In a recent Florida case, life insurance benefits were directed…
How Many Estate Planning Lawyers do you Need?
According to a recent article on Forbes.com, the importance of estate planning for married couples cannot be stressed enough. The seriousness of such forward thinking is even more critical in blended families which tend to present more opportunities for volatility following the death of a parent. The first issue for…